The City Commission directed staff to amend the City's Land Development Code to prohibit opaque fences, over 4' in height, in the front of residential structures within the R-2 zoning district. Further, City Staff was directed to identify to current properties that would have nonconforming fences if this ordinance was enacted and to make recommendations regarding the least intrusive alternatives.  Upon review, staff noted two potential exceptions when opaque fences should be allowed in the front yard, while over 4' in height. 

The first exception is common throughout the city. Opaque fences along the side property line, typically to add privacy to the front of the house or driveway. These fences typically stop short of reaching the front property line but do extend past the facade of the primary structure. An exception allowing opaque fences up to  6' high along the side property line which can go past the facade of the structure but can not extend past 10 feet before the front property line, or sidewalk. This ensures that driveways will not be screened from view, providing safety for pedestrians utilizing the sidewalk and approaching automobiles.

The second exception is found when an opaque fence shields the front door from the right away and typically runs across both front doors in a duplex at a length of approximately 8 feet. Similarly, short spans of opaque fences are used to shield mechanical equipment, or stored items in the front yard, and adjacent to the house. Therefore, there is also an exception to allow small, 8 foot spans of opaque fences to run parallel to the right of way, so long as the house is not completely shielded from view from the right of way. It is important to note that staff does not make an exception for the 10' clearance area from the front property line as it pertains to 6 foot opaque fences.   The gap between these partial spans should be discussed.

Within the City's 314 R-2 zoned properties, staff notes that the proposed text amendment will create three nonconforming fences (less than 1%). One each on: Fini Dr., 5th Street and Stypmann Blvd.

At the Local Planning Agency (LPA) hearing on July 18, 2019, the LPA voted to continue the item to September 19, and requested that the City Attorney be present to answer legal questions that the board had regarding the legality of limiting fence regulations to the R-3 zoning district. The initial inquiry pertaining to "spot zoning" has already been reviewed and it has been determined that this ordinance does not constitute "spot zoning" because it is intended for an entire zoning district. At the September 19, 2019 meeting, the LPA voted to approve the Ordinance, with one recommended change to change the wording on the second page of the ordinance to be sure it allows the type of fence in the example Cristina de la Vega provided and to delete the words in paragraph number five "-mounted on steel posts".

Motion to approve ORDINANCE No. 2406-2019 on First Reading